Violence against parents in Swedish peasant society

1994 ◽  
Vol 2 (4) ◽  
pp. 247-260
Author(s):  
Birgitta Odén
Keyword(s):  
Middle Ages ◽  
Death Penalty ◽  
Death Sentence ◽  
Elderly Parents ◽  
Peasant Society ◽  
The Law ◽  
Western Law ◽  
Appeal Courts ◽  
The 19Th Century ◽  
Court Of Appeal

Modern research has shown that western law in the Middle Ages was strongly influenced by Mosaic law. This influence became even stronger in Sweden when the theocratic monarchy and the orthodox clergy, by an addendum to the law, also introduced the death penalty of the Pentateuch for crimes against ‘the law of God’, including violence and verbal abuse against elderly parents. Since all prosecutions for crimes requiring the death penalty had to be tried in the court of appeal, the records of the appeal courts give an overall picture of the application of the law during a 250-year period. Prosecutions for crimes against parents increased during this period from just a few cases to a hundred per year. The death sentence was mitigated in the higher courts. The trend can be interpreted as an enforcement wave, but also as an expression of serious social unrest and economic conflicts in peasant society in the first half of the 19th century.

scholarly journals KEDUDUKAN DAN URGENSI HUKUMAN MATI TERHADAP PENANGGULANGAN PENGEDARAN NARKOTIKA DI INDONESIA DAN SEJUMLAH NEGARA DI DUNIA

2020 ◽  
Vol 9 (2) ◽  
pp. 155
Author(s):  
Zainul Arifin
Keyword(s):  
Human Rights ◽  
Young People ◽  
Death Penalty ◽  
Death Sentence ◽  
Legal Study ◽  
Life Sentence ◽  
The Law ◽  
The Right

Kedudukan hukuman mati terhadap pengedaran narkotika di Indonesia  sebagai strategi penanggulangan terhadap pengedaran narkotika  masih menimbulkan pihak yang menyetujui dan menolaknya. Pihak yang  menolak hukuman mati dikenakan pada pengedar nakotika dengan alasan hak asasi manusia atau hak keberlanjutan hidup terpidana, sedangkan ada kelompok yang menyetujui pelaksanaan hukuman mati yang juga dengan alasan demi kepentingan hak asasi manusia. Pihak yang menyetujui hukuman untuk pengedar ini menilai, bahwa sanksi yang dikenakan berupa hukuman mati dapat membuat jera atau takut calon-calon pelaku yang bermaksud mengedarkan narkotika atau hak hidup banyak generasi muda ikut diselamatkan menjadi korban kecanduan narkotika akibat ketakutan di kalangan calon-calon penjahat. hukuman mati bagi pengedar narkotika dalam kajian hukum positip sudah diatur dalam Undang-Undang Nomor. 35 tahun 2009 tentang Narkotika.Kata kunci: narkotika, hukuman, akibat, kedudukan, urgensi The death penalty for narcotics distribution in Indonesia as a counter strategy against narcotics distribution still raises those who approve and reject it. Parties that reject the death penalty are imposed on narcotics distributors on the grounds of human rights or the right to a life sentence, while there are groups that approve the execution of the death sentence as well as for the sake of human rights. The party who approved the sentence for the distributor ruled that sanctions imposed on the death penalty could scare or intimidate potential perpetrators who intend to distribute narcotics or livelihoods for many young people to be rescued as victims of narcotics addiction due to fear among potential criminals. the death penalty for narcotics traffickers in a positive legal study is set out in the Law of Numbers. 35 of 2009 on Narcotics. Keywords: narcotics, punishment, consequences, position, urgency

scholarly journals THE STRUGGLE OF HUMAN RIGHTS DIPLOMACY OF INDONESIAN COUNTRY CITIZENS DEATH PENALTY

2020 ◽  
Vol 1 (5) ◽  
pp. 646-659
Author(s):  
Patricia Robin
Keyword(s):  
Human Rights ◽  
Death Penalty ◽  
Migrant Workers ◽  
The State ◽  
Death Sentence ◽  
Human Right ◽  
The Law

The ability of politics and diplomacy becomes the main asset when talking about the state. The problem when human rights come against the law, will lead to a tendency to be take the side of the law, as opposed to giving unpleasant things to those who make mistakes. This not infrequently results in the death penalty which eventually (again) contradicts the Human Right to live properly and in protection. This condition occurs in migrant workers who work in several countries in Asia. They were accused of mistakes that incidentally have not been proven but immediately get a death sentence. The best national ambassadors were assigned to conflict areas, succeeded in the mission of saving them. Consistency, innovation, and enrichment when diplomacy is equipped with the ability to read the situation is the key to the success of diplomats when rescuing. Indonesia's ability to maintain good relations with other countries finally deserves to be regarded as the peak of achievement.  

Justice, Mercy, and Caprice

2017 ◽  
Author(s):  
Ian O'Donnell
Keyword(s):  
Decision Making ◽  
Civil War ◽  
Criminal Justice ◽  
Death Penalty ◽  
Capital Punishment ◽  
Death Sentence ◽  
Religious Institution ◽  
Men And Women ◽  
National Archives ◽  
The Law

Justice, Mercy, and Caprice is a work of criminal justice history that speaks to the gradual emergence of a more humane Irish state. It is a close examination of what can be learned from the National Archives of Ireland about the decision to grant clemency to men and women sentenced to death between the end of the civil war in 1923 and the abolition of capital punishment in 1990. Frequently, the decision to deflect the law from its course was an attempt to introduce a measure of justice to a system where the mandatory death sentence for murder caused predictable unfairness and undue harshness. In some instances the decision to commute a death penalty sprang from merciful motivations. In others it was capricious, depending on factors that should have had no place in the government’s decision-making calculus. The custodial careers of those whose lives were spared repay scrutiny. Women tended to serve relatively short periods in prison but were often transferred to a religious institution, such as a Magdalen laundry, where their coercive confinement continued, occasionally for life. Men, by contrast, served longer in prison but were discharged directly to the community. Political offenders, such as members of the IRA, were either executed hastily or, when the threat of capital punishment had passed, incarcerated for extravagant periods. The issues addressed are of continuing relevance for countries that retain capital punishment as the ultimate sanction.

scholarly journals The Supervision of Guilty Pleas by the Court of Appeal of England and Wales – Workable Relationships and Tragic Choices

2020 ◽  
Vol 31 (4) ◽  
pp. 513-552
Author(s):  
Richard Nobles ◽  
David Schiff
Keyword(s):  
Crime Control ◽  
Full Range ◽  
Public Perceptions ◽  
Criminal Court ◽  
Perceptions Of Crime ◽  
Appeal Courts ◽  
The 19Th Century ◽  
New Evidence ◽  
Court Of Appeal ◽  
Full Trial

AbstractThe judgments of criminal appeal courts are an example of Calabresi and Bobbitt’s concept of ‘tragic choice’. Judges justify convictions by reference to the values which they attribute to criminal procedures: fairness, truth and rights, rather than the full range of considerations which have influenced the introduction of those procedures: cost, efficiency, crime control, public perceptions of crime, etc. The difficulties facing the Court of Appeal in justifying convictions by juries after a full trial are multiplied in the case of convictions following guilty pleas. A procedure which on its face is less capable of identifying guilt than a trial, has to be defended on the basis that it is overwhelmingly more capable of identifying guilt (or so fair as to justify disregarding the possibility of innocence). Recent changes to the plea system restricting maximum sentence discounts to pleas made at the earliest opportunity further distance guilty pleas from the protections afforded by trial, and compound the difficulties in justifying these convictions as ‘safe’. With guilty pleas we have reached a situation where the Court of Appeal seems unable to provide a remedy for miscarriages, but instead, like the judges of the 19th century opposing the creation of the Criminal Court of Appeal, claims the procedure is so safe that there is little or no need for review, even in cases of procedural irregularity (short of abuse of process) or new evidence (short of exoneration).

Rep v. Chimkango: The Application of Kafantayeni to Pre-resentencing Appeals Against the Mandatory Death Penalty in Malawi

2018 ◽  
Vol 26 (4) ◽  
pp. 527-547
Author(s):  
Esther Gumboh
Keyword(s):  
Supreme Court ◽  
Death Penalty ◽  
Attorney General ◽  
Death Sentence ◽  
High Court ◽  
Criminal Jurisdiction ◽  
Death Sentences ◽  
The Status ◽  
Court Of Appeal

Despite confirming in several decisions that the striking down of the mandatory death penalty in Kafantayeni v. Attorney General entitled all offenders sentenced under the mandatory death penalty regime to a fresh hearing on sentence, the Malawi Supreme Court of Appeal (MSCA) entertained appeals against the original (now unconstitutional) mandatory death sentences in the absence of resentencing hearings in the High Court. The question that arose in Rep v. Chimkango was whether the High Court has the jurisdiction to hold a resentencing hearing in respect of a death sentence which had already been confirmed by the MSCA on appeal. The High Court, considering itself bound by judicial precedent and wary of running afoul of the doctrine by ‘faulting or refusing to be bound by’ the MSCA's decision, remitted the case to the MSCA for directions or resentencing. This article explores the High Court's decision and the status of appeal decisions against mandatory death sentences before the resentencing hearings. It argues that by entertaining these appeals, the MSCA dubiously assumed an original criminal jurisdiction mode within the confines of appellate principles instead of dismissing them as premature and directing the appellants to pursue a resentencing hearing in the High Court. The article also faults the decision of the High Court for not affording the accused a resentencing hearing.

scholarly journals Hukuman Mati Di Indonesia Menurut Perspektif Alkitab dan Implikasi Bagi Penegak Hukum Kristen

2020 ◽  
Vol 4 (2) ◽  
pp. 208
Author(s):  
Morris Phillips Takaliuang
Keyword(s):  
Death Penalty ◽  
Criminal Code ◽  
Death Sentence ◽  
The Bible ◽  
Three Stages ◽  
In Christ ◽  
The Dead ◽  
The Law ◽  
Church Law ◽  
God's Grace

Provisions and implementation of the death penalty, is a serious and very severe law for perpetrators who are considered to have committed serious and serious violations before the law. The Indonesian state still holds and carries out such a death sentence, as regulated in the Criminal Code. There are three stages in the Bible regarding the provisions and execution of the death penalty: (1) The death penalty applies to people who sin directly to God, such as worshiping idols, turning to the spirits of the dead, chanting the name of God carelessly and not keeping the Sabbath day holy, (2 ) The death penalty applies to people who commit sins against others such as killing and all the acts of adultery, and (3) The provisions and execution of the death penalty are null and void for anyone who is in faith and obedience to Christ. The task as a Christian and church law enforcer is to bring sinners to believe and be in fellowship with Christ. For "criminals" who deserve to be sentenced to death, according to the Criminal Code, it is recommended that they be sentenced to life in retribution for violations. In this way, "criminals" are given the opportunity to be rehabilitated and reconstructed by Christ and His church, through Faith in Christ and His atonement work. So the point is that, the provisions and implementation of the death penalty must be canceled and replaced with life sentences. In such a sentence, "prisoners" only need to trust and obey Christ for the rest of their lives. This is called the Law of God's Grace. Ketentuan dan pelaksanaan hukuman mati, merupakan hukum yang serius dan sangat berat bagi para pelaku yang dianggap melakukan pelanggaran-pelanggaran serius dan berat di mata hukum. Negara Indonesia masih memegang dan melaksanakan hukuman mati seperti itu, sebagaimana diatur dalam Kitab Undang-Undang Hukum Pidana (KUHP). Di dalam Alkitab terdapat tiga tahapan tentang ketentuan dan pelaksanaan hukuman mati: (1) Hukuman mati diberlakukan kepada orang yang berdosa langsung kepada Allah, seperti menyembah berhala, berpaling kepada arwah orang mati, menyebut nama Tuhan dengan sembarangan dan tidak menguduskan hari sabat, (2) Hukuman mati diberlakukan bagi orang yang melakukan dosa terhadap sesama seperti membunuh dan semua perbuatan zinah, dan (3) Ketentuan dan pelaksanaan hukuman mati batal dan tidak berlaku lagi bagi siapapun yang berada di dalam iman dan ketaatan kepada Kristus. Tugas sebagai penegak hukum Kristen dan gereja adalah membawa orang-orang berdosa supaya percaya dan berada di dalam persekutuan dengan Kristus. Bagi “para penjahat” yang patut dihukum mati, sesuai dengan KUHP, disarankan supaya dihukum seumur hidup saja sebagai retribusi atas pelanggaran yang dilakukan. Dengan cara demikian, “para pelaku kriminal” diberi kesempatan untuk direhabilitasi dan direkonstruksi oleh Kristus dan gereja-Nya, melalui Iman kepada Kristus dan karya pendamaian-Nya. Jadi intinya adalah bahwa, ketentuan dan pelaksanaan hukuman mati harus batal dan diganti dengan hukuman seumur hidup. Dalam status hukuman seperti itu, “para narapidana” hanya perlu percaya dan taat kepada Kristus selama sisa hidup yang masih ada. Inilah namanya Hukum Kasih Karunia Allah.

"Marketocentric" Economics Is Obsolete

2004 ◽  
pp. 36-49 ◽  
Author(s):  
A. Buzgalin ◽  
A. Kolganov
Keyword(s):  
Economic Theory ◽  
Middle Ages ◽  
Modern Science ◽  
Economic Systems ◽  
Main Mode ◽  
Post Market ◽  
Market Relations ◽  
Post Industrial ◽  
The 19Th Century ◽  
The Universe

The "marketocentric" economic theory is now dominating in modern science (similar to Ptolemeus geocentric model of the Universe in the Middle Ages). But market economy is only one of different types of economic systems which became the main mode of resources allocation and motivation only in the end of the 19th century. Authors point to the necessity of the analysis of both pre-market and post-market relations. Transition towards the post-industrial neoeconomy requires "Copernical revolution" in economic theory, rejection of marketocentric orientation, which has become now not only less fruitful, but also dogmatically dangerous, leading to the conservation and reproduction of "market fundamentalism".

Tympan Alley: Posthumanist Performatives in Dancer in the Dark

Derrida Today ◽  
2013 ◽  
Vol 6 (2) ◽  
pp. 222-239
Author(s):  
Lynn Turner
Keyword(s):  
General Condition ◽  
Death Sentence ◽  
Late Work ◽  
The Law ◽  
Animal Question

While it is Derrida's late work on the ‘animal question’ that brought his insistence on limitrophy between species to wider attention, it is also named as the general condition of the limits in the much earlier text, ‘Tympan’. There, in dislocating the tympanum, the margins of philosophy are eaten. Equally, given the rhythmic address of the tympanum, we might say that the margins of philosophy are beaten. This paper considers the persistent play on rhythmic sounds in Lars von Trier's Dancer in the Dark as a ‘tympanising’ or derision of the limits, notably of the limits of the law in both juridical and symbolic senses, as they also work the edges of the film's two styles (broadly, realism and musical). In a provocative analysis of this film, Cary Wolfe suggests that we might understand Selma's vocal style (given singular expression by Bjork) as a refusal of the phallic imposition of language, and that her virtually suicidal submission to the death sentence allows for a notion of a ‘posthuman feminine’. ‘Tympan Alley’ redirects this tantalising term ‘posthuman feminine’ through a more consistently Derridean line of thought to sound out the implications of b/eating the limits through Selma's oblique ear.

Dichotomy of Consumerizm and Communitarism as a Method of Balance of Forces in Society

2020 ◽  
Vol 20 (1) ◽  
pp. 83-91
Author(s):  
Aleksey E. Shishkin
Keyword(s):  
Middle Ages ◽  
Domestic Politics ◽  
Death Sentence ◽  
Consumer Society ◽  
Domestic Industry ◽  
Cultural Traditions ◽  
The People ◽  
Food Programs ◽  
Balance Of Forces ◽  
New Community

Relevance. The market-imposed system of consumerism overstepped the boundaries of bifurcation and entered into “legitimate rights” to abolish the living traditional world, thereby disturbing the balance in society and thereby signed the death sentence to itself. The problem of research. Exploring the possibilities of social reloading from consumerism to communitarianism to restore the balance of power in society. Scientific novelty and research results. Our novelty of research lies in the application of scientific tools to analyze a possible reload. We used the complementarity principle of N. Bohr, the principle of spontaneous emergence of I. Prigogine, the principle of incompatibility L. Zade, the principle of managing uncertainties, the principle of ignorance of individual opinions and collective ideas, the principle of conformity, the principle of diversity of development of a complex system, the principle of unity and mutual transitions, the principle oscillatory (pulsating) evolution – showed instability in the management of society by mondialist-compradors and a possible countdown of the transition from the sensual age to the ideation nnuyu, and in our case – from consumerism to communitarianism. The main purpose of the work. From the apparent modern triumph of consumerism over communitarianism, we are not interested in a fact-problem, but in the idea of transforming reality that can stop the process of obscuration. Discussion and Conclusion. In the Middle Ages, during the construction of the project “Holy Russia”, communities were created according to the principle of “big”. Around the devotee of piety, voluntary monastic settlements were created, which grew into suburbs. Of these, the ascetic-hesychast stood out, who went into the forest and chopped down a new temple. To the righteous people flocked, yearning for a just life. This is how a new community was created. There was a new prayer book and then the big man blessed him to organize other settlements. The state should be interested in finding new forms of solutions for educational, economic, technical, cultural and food programs, therefore the initiative of communitarianists should not be punished, but supported. Today, foreign investors are becoming owners of not only factories, but even entire branches of domestic industry and are able to significantly influence domestic politics in our country. The growing number of immigrants as a destabilizing factor is becoming increasingly important. In such a situation, the fate of the country depends on the ability of the people to a new unification. It is necessary to unite on the basis of religious and cultural traditions on the principle of professional fraternities; if only there would be more centers of spiritual culture, but not by the principle of quantity, as is always the case with officials, but by the qualitative qualification of the “big man” as a center of creative and integrative power. From the foregoing, the idea of building ideational (communitarian) cohorts is born, which, through their ascetic life and creative work, should set a new vector for historical development (“salt”) consumer society.

Alma Mater Studiorum. O genezie i początkach uniwersytetów

2017 ◽  
Vol 15 (2) ◽  
pp. 9-22
Author(s):  
Marek Maciejewski
Keyword(s):  
Middle Ages ◽  
Canon Law ◽  
18Th Century ◽  
Ancient Greece ◽  
Roman Law ◽  
Institutions Of Higher Education ◽  
13Th Century ◽  
New Era ◽  
Conducting Research ◽  
The 19Th Century

The origin of universities reaches the period of Ancient Greece when philosophy (sophists, Socrates, Plato, Aristotle, stoics and others) – the “Queen of sciences”, and the first institutions of higher education (among others, Plato’s Academy, Cassiodorus’ Vivarium, gymnasia) came into existence. Even before the new era, schools having the nature of universities existed also beyond European borders, including those in China and India. In the early Middle Ages, those types of schools functioned in Northern Africa and in the Near East (Baghdad, Cairo, Constantinople, cities of Southern Spain). The first university in the full meaning of the word was founded at the end of the 11th century in Bologna. It was based on a two-tiered education cycle. Following its creation, soon new universities – at first – in Italy, then (in the 12th and 13th century) in other European cities – were established. The author of the article describes their modes of operation, the methods of conducting research and organizing students’ education, the existing student traditions and customs. From the very beginning of the universities’ existence the study of law was part of their curricula, based primarily on the teaching of Roman law and – with time – the canon law. The rise of universities can be dated from the end of the Middle Ages and the beginning of modernity. In the 17th and 18th century they underwent a crisis which was successfully overcome at the end of the 19th century and throughout the following one.

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